← All Phrases

“accommodation entry”

Cash Credits & Unexplained ItemsSection 68Section 684,509 judgments

The decision most relied on for accommodation entry is Sumati Dayal v. CIT (214 ITR 801), cited in 1,967 judgments on BharatTax.

Leading authorities on accommodation entry

Sumati Dayal v. CIT
214 ITR 801 · 1995 · Supreme Court
1,967
citing judgments

The Revenue is entitled to look behind the apparent form of a transaction to discover its true nature, applying the test of human probabilities and surrounding circumstances. If transactions defy logic or are unnatural, they can be treated as bogus, even if supported by some documentation, especially in cases of cash credits or unexplained investments.

McDowell & Co. Ltd. v. CTO
154 ITR 148 · 1985 · Supreme Court
741
citing judgments

The Supreme Court held that while legitimate tax planning is permissible, transactions structured as a "colourable device" or "subterfuge" solely to avoid tax are impermissible. It mandates a judicial shift to look beyond the form to the substance of a transaction, allowing the lifting of the corporate veil in tax evasion arrangements.

CIT v. Bholanath Poly Fab. Pvt. Ltd.
355 ITR 290 · 2013 · High Court
712
citing judgments

If an assessee makes purchases from bogus parties, but the underlying goods are genuinely acquired and sold, only the profit margin embedded in such purchases, and not the entire value of the bogus purchases, should be added to the assessee's income.

(Central)-1 v. NRA Iron & Steel (P) Ltd.
103 Taxmann.com 48 · 2019 · Supreme Court
696
citing judgments

When assessing cash credits, share capital, or loans, the assessee bears the onus to prove the identity, creditworthiness, and genuineness of transactions. This burden is not discharged merely by documentary evidence if field inquiries reveal accommodation entries or dealings with paper/shell companies.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

CIT v. Nikunj Exim Enterprises Pvt. Ltd.
372 ITR 619 · 2015 · High Court
391
citing judgments

Transactions defying human probability cannot be applied to isolated purchases if sales are accepted as genuine, and purchases cannot be disallowed without considering the entire transaction and documentary evidence. Failure to produce parties in an assessment proceeding may not be fatal to the assessee.

PCIT v. RMG Polyvinyl (I) Ltd.
396 ITR 5 · 2017 · High Court
272
citing judgments

Reassessment based solely on information from the Investigation Wing, without the Assessing Officer conducting further inquiry or demonstrating an independent application of mind, is unjustified and invalid.

N.K. Proteins Ltd. v. DCIT
84 Taxmann.com 195 · 2017 · Supreme Court
204
citing judgments

When purchases are found to be entirely bogus and based on fictitious invoices from non-existent or unconfirmed suppliers, the entire amount of such purchases is liable to be added back as unexplained expenditure, not merely a percentage thereof.

Judgments citing accommodation entry

Income Tax Officer-26(2) (1), Mumbai vs. Narendra Bhabutmal Mehta, Mumbai

In the result, the appeal filed by the revenue stands dismissed

ITA 1817/MUM/2022[2012-13]Status: DisposedITAT Mumbai30 Nov 2022AY 2012-13

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 1817/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2012-13) Ito-26(2)(1), Narendra Bhabutmal Mehta, Kautilya Bhavan, Room No. बिधम/ 402, Navare Appt. Swami 315, 3Rd Floor, Bandra Kurla Vs. Vallabhdas Sion West, Complex, Bandra (East), Mumbai-400 022 Mumbai-400 051 स्थायीलेखासं./जीआइआरसं./ Pan No. Adxpm3744P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Narendra Mehta, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph, Ld. Dr सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Revenue Against The Impugned Order Dated 12.03.2022, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 147/144 For Ay 2012-13. 2

For Appellant: Shri Narendra MehtaFor Respondent: Ms. Neeta Jeph, Ld. DR
Section 142(1)Section 147Section 68Section 69Section 69C

bogus and added u/s 68 of the Act and also imputed notional commission @ 3% on account of such accommodation entry. 4. Ld. CIT(A) has deleted the additions after observing as under:- 5.1. Ground 1 pertains to the addition made ... unearthed that Nivyah is a penny stock which has been used by the brokers, promoters/directors of the company, hawala operators etc., to provide accommodation entry to the beneficiaries either in the form of artificial gains (mainly long term capital gains which are exempt from taxation) or artificial losses which

M/S Mahalaxmmi International, Mumbai vs. ITO-19 (2)(4), Mumbai

In the result, the appeal filed by the assessee stands partly allowed

ITA 5200/MUM/2019[2011-12]Status: DisposedITAT Mumbai30 Nov 2022AY 2011-12

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 5200/Mum/2019 (निर्धारणवर्ा / Assessment Year: 2011-12) M/S Mahalaxmi Nfac, Delhi International, Prop. Nilesh Kishor Mehta, बिधम/ 5, Trimbak Parshuram Street, Vs. 6Th Kumbharwada, Mumbai-400 004 स्थायीलेखासं./जीआइआरसं./ Pan No. Agbpm7983P (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Ms. Pooja Chhawachharia, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph, Ld. Dr सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against Impugned Order Dated 23.05.2019, Passed By Ld. Cit(A)-30, Mumbai For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 147 For Ay 2019-20. 2

For Appellant: Ms. Pooja ChhawachhariaFor Respondent: Ms. Neeta Jeph, Ld. DR
Section 133(6)Section 143(1)Section 143(3)Section 147Section 148

received from DGIT (Inv), Mumbai based on information received from Sales Tax Department, Maharashtra with respect to some of the dealers indulged in providing accommodation entry by issuing bogus sale/purchase bills without supplying any goods. The assessee was also part of the beneficiary of the purchases made from such dealers

Ramesh J. Thakkar, Mumbai vs. Income Tax Officer 26(3)(6), Mumbai

In the result Appeal of the Assessee is allowed

ITA 823/MUM/2022[2012-13]Status: DisposedITAT Mumbai29 Nov 2022AY 2012-13

Bench: Shri Amit Shukla, Jm आयकरअपीलसं./ I.T.A. No. 823/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2012-13) Income Tax Officer Ramesh J. Thakkar 26(3)(6) Mumbai 51, Moti Sagar,3Rd Road बिधम/ Aayakar Bhavan, M.K. Floor, Ganesh Gawde Road, Vs. Road, Church Gate, Mulund(W), Mumbai- Mumbai-400020 400080 स्थायीलेखासं./जीआइआरसं./ Pan No. Aabpt4367L (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri. Mehul Shah प्रत्यथीकीओरसे/Respondent By : Ms. Neeta Jeph सुनवाईकीतारीख/ : 01.09.2022 Date Of Hearing घोषणाकीतारीख / : 30.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Order Dated 17.03.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 147/143(3), For The Ay 2012-13. 2

For Appellant: Shri. Mehul ShahFor Respondent: Ms. Neeta Jeph
Section 132(4)Section 147Section 68

Jain. Nothing has been brought on record as to whether, any material on information was found that Assessee was beneficiary of some kind of accommodation entry or Assessee’s name has been figured in any material or inquiry. Nowhere the Assessing Officer has discussed the facts and the documents which ... hundreds of scrips over the year and at regularly showing long term capital gain, it cannot be said that assessee has entered for some accommodation entry for long term capital gain by keeping the share for 5 years Assessee to earn bogus income of Rs.4,43,849/-. At least, there